Court No. - 21 Case :- WRIT - C No. - 995 of 2010 Petitioner :- Ram Naresh Gupta Respondent :- State Of U.P. & Others Petitioner Counsel :- A. Kumar Singh Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned Standing Counsel has accepted notice on behalf of
the respondent nos. 1 and 2.
He is granted eight weeks time to file counter affidavit.
Rejoinder affidavit may be filed within four weeks thereafter.
List after twelve weeks.
It has been contended on behalf of the petitioner that in the
present case Licensing Authority has not at all adverted to
cross version of the incident in question and further it has
been contended that this case was not at all falling in the
exceptional category of the case , whereas concerned
authority has taken decision.
Coupled with this it has contended by the petitioner that
cancellation proceedings of fire arm are an out come of the
malice and during the pendency of the cancellation
proceedings, order of suspension pending inquiry could not
have been passed in view of judgment in the case of C.P.
Sahu Vs. State of U.P. and others reported in 1984 AWC
145 and judgment in the case of Nagroo Ram Vs. state of
U.P. and others reported in 2000 (Suppl. ) ACC 834 (HC.
LB).
Prima facie arguments advanced, appears to have some
substance, consequently, till the next date of listing, operation
of the order dated 20.11.2009 shall be kept in abeyance.
However, it is made clear that in case petitioner submits his
reply in respect of cancellation of proceeding, then in that
event, Licensing Authority is directed to see and ensure that
final decision is taken in accordance with law, preferably
within period of six weeks from the date of production of
certified copy of this order.
Order Date :- 11.1.2010
T.S.